State v. Travitz

In State v. Travitz 140 Ga. App. 351 (231 SE2d 127) (1976), an officer responding to the scene of a single-car accident told the driver that the police usually called a particular wrecker service for accidents in the area, but the driver stated that he wanted another service to tow his car. After the wrecker service arrived and winched up his car - which was not on the roadway - the officer entered the car and made an inventory "'for the protection of the defendant, whoever drives the wrecker, and himself for any kind of theft out of the vehicle.'" Id. at 351. The driver was charged with possession of marijuana, which the officer found in the car during his inventory. See id. at 352. The trial court granted the defendant's motion to suppress, and we affirmed, noting that the defendant was not under arrest at the time the officer proceeded to conduct the inventory. The car had not been impounded by the police and the record fails to disclose that any impoundment was intended. Indeed, it fails to even suggest any necessity of police custody. Defendant's car was being towed away by a wrecking service of his choice to a destination of his choice and he was present and physically capable of making arrangements for the safekeeping of his belongings. Id.